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COM., DEPT. OF TRANSP. v. PEOPLES BANK OF GLEN ROCK

No. 312 C.D. 2008

961 A.2d 911 (2008)

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION v. PEOPLES BANK OF GLEN ROCK, Robert B. Filer, Wanda D. Filer, B L & B Associates, Lawrence L. Eveler, Susan E. Eveler and Donald J. Smith Real Places, LP, Appellant.

Commonwealth Court of Pennsylvania.

Decided December 4, 2008.

Attorney(s) appearing for the Case

Rees Griffiths, York, for appellant.

Donald J. Smith, Asst. Counsel, Harrisburg, for appellee, Department of Transportation.

BEFORE: McGINLEY, Judge, and BUTLER, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge McGINLEY.

Real Places, LP (Condemnee) appeals the order of the Court of Common Pleas of York County (trial court) which denied Condemnee's motion for post-trial relief whereby Condemnee sought the admission into evidence of alleged purchases of comparable properties by the Commonwealth of Pennsylvania, Department of Transportation (DOT) outside of condemnation proceedings.1

On August 16, 2002, DOT filed a right...

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